On The Judicial Appraisal Of Medical Damage Case

Medical damage forensic identification bears an important purpose to settle medical disputes and fits well with the characteristics of medical disputes.China’s medical damage forensic appraisal system struggles in comparison to other developed nations due to legislative gaps,ongoing disagreements over the dualistic appraisal model,vague regulations of appraisal institutions,a wide range of appraiser experience levels,inconsistent appraisal standards,and a subpar supervision system.The essay offers recommendations for reform from both legislative and practical perspectives using comparative analysis,historical research,literature analysis,and other research methodologies.In order to provide a legal foundation and institutional support for the development of the medical damage forensic appraisal system,China should formulate unified laws and regulations on medical damage forensic appraisal.Each region can explore differentiated rules for the application of forensic appraisal in accordance with the actual situation,and establish a supervisory mechanism for medical damage forensic appraisal.In terms of practice,the article suggests promoting the creation of medical damage forensic institutions,developing highly qualified medical damage forensic talent,clarifying the access mechanism and accountability mechanism for forensic personnel,and developing a medical damage forensic cloud supervision platform to serve as the foundation for the advancement of the medical damage forensic system.